Aboriginal Legal and Health Policy

Aboriginal peoples collectively refers to original inhabitants of Canada and their descendants: First Nations, Inuit, and Métis peoples defined in the Canadian Constitution Act, 1982 ■ First Nations people encompasses most of geographic Canada and constitutes many distinct communities and languages. ■ Inuit peoples refers to original inhabitants of arctic regions including Labrador, northern Quebec, Nunavut, and Northwest Territories. ■ Métis are historic people of mixed First Nations and European heritage ■ Canada’s Indian Act, 1976, defined who is considered a “status Indian” and thus eligible for programs and services by federal and provincial agencies. Non-Status First Nations, are Aboriginals who are not a “Registered Indian” with the federal government ■ the Daniels Decision, 2013 Federal Court of Canada, deemed Métis and non-status be considered “Indians” under Canadian Constitution Act • Aboriginal Health Policy in Canada is made up of a complicated “patchwork” of policies, legislation and agreements between federal, provincial, municipal, and Aboriginal governments which is in a constant state of flux; reviewed by the National Collaborating Centre for Aboriginal Health (NCCAH): http:// www.nccah-ccnsa.ca/en/publications.aspx?sortcode=2.8.10&publication=28 ■ while some Aboriginal health services are adequate, gaps and ambiguities created by complicated policy and jurisdictions have created barriers to health equity ■ for majority of Métis, off-reserve, and non-status Indians, health services are financed through the National Health Insurance plan administered at the provincial and territorial level ■ for on-reserve First Nations and Inuit, the federal government finances and administers health services through the First Nations and Inuit Health Branch (FNIHB) ■ the Indian Health Policy, 1979, and Health Transfer Policy, 1989, transferred control to individual communities to negotiate with the FNIHB varying levels of health care responsibility to the community or council level ■ treaties and Self Government Agreements define areas of jurisdiction for federal, provincial/ territorial, and Aboriginal governments ■ in general, multiple levels of authority and responsibility are involved with the general tendency towards delegating responsibility to local levels